SOU NIRMALA Vs. GANGADHAR

JUDGEMENT

(1.) This revision application by the original petitioner who filed a petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act and sought interim alimony in terms of section 24 of the Act, is directed against the order passed by the trial Court on June 7, 1982 postponing the decision of the application under section 24 of the Act until the issue regarding the divorce, set up by the respondent-husband, was decided.

(2.) It is common ground that the applicant was married to the respondent on May 13, 1968 and they got an issue from the marriage on Nov. 4, 1969. According to the applicant on account of some misunderstanding the respondent started illtreating her and in May, 1974 he forcibly obtained her signature on a blank paper and registered it under threat on the next day and drove her out of the house. She later brought the proceeding under section 9 of the Hindu Marriage Act, for restitution of conjugal rights. The respondent raised the plea that by virtue of the Farkat deed which was executed by the applicant, the marriage stood dissolved and she was not entitled to maintain the application.

(3.) The applicant filed an application under section 24 of the Hindu Marriage Act, for interim alimony. That application was also resisted and a preliminary objection was raised by the respondent that unless the question of maintainability of the original application was decided, no interim order in terms of section 24 of the Hindu Marriage Act, could be made. This found favour with the trial Court and it directed the parties to lead evidence on the preliminary issue and postponed the decision on the application under section 94 of the Hindu Marriage Act until after that question was decided. This order is being questioned by the present revision-application.